Outdoor burning rules in Wilmington, DE — also called the burn ban, open burning, or fire restriction ordinance — set when you can burn yard waste, debris, or run a recreational fire.
Outdoor burning in Wilmington is regulated by the Fire Marshal's Office. Open burning is generally restricted in urban areas and subject to air quality regulations.
In Wilmington, an urban city, open burning is generally prohibited without a permit from the Fire Marshal's Office. Delaware's Division of Air Quality also has authority over open burning statewide. Burn bans may be declared during air quality alert days. Recreational fires in approved fire pits on private property may be allowed with conditions, but burning yard waste, trash, or construction debris is prohibited.
Unauthorized open burning can result in citations and fines from the Wilmington Fire Marshal or Code Enforcement.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's outdoor burning rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.